Ismael Reyes Retana Tello

Recent high-impact cases that included litigation before the Supreme Court of Justice ("Supreme Court") include:

• Historic judicial precedent in energy matters Representation of Iberdrola Group, a global leader in renewable energies, in an amparo lawsuit filed against the fine imposed by the Energy Regulatory Commission (CRE), the largest in the history of the Mexican energy sector and the second highest fine imposed in the country's history.
• Electricity Industry Law Representation of several energy companies (approximately more than 50 percent of the capacity of privately owned generation plants) in various amparo lawsuits filed against the reform of the Electricity Industry Law as well as against several acts of the CRE and SENER.
• Hydrocarbons Law Representation of several leading oil & gas companies in an indirect amparo trial promoted against the recent reform of the Hydrocarbons Law.
• Shared Network (Red Compartida) Ismael successfully represented Altán Redes in the litigation initiated by Rivada Networks against the public tender in which Altán Redes was awarded the title of wholesale concession to develop and operate the Shared Network (Red compartida). This case involves complex and innovative problems in the areas of constitutional, telecommunications and public procurement. The client's successful representation in various instances, including the Supreme Court, allowed the Shared Network to begin operations in Mexico.
• Take-Off and Landing Schedules ("slots") Ismael successfully represented Grupo Aeroméxico in an amparo trial against a resolution issued by the Federal Economic Competition Commission that determined that Grupo Aeroméxico's "slots" caused anti-competitive effects and inefficiencies in the market and imposed several remedies to reverse the effects mentioned above. This case included an amicus curiae before the Supreme Court for a constitutional dispute related to the issue.
• Sugar Mills privatization, Consorcio Azucarero Caze filed numerous lawsuits against the bids of various sugar mills that were awarded to four of the most important companies in the industry, which represented 22 percent of the country's sugar production. After several years of litigation, on February 21, 2018, White & Case achieved a decisive victory before the Supreme Court: the Court, in a split decision, denied Consorcio Azucarero Caze's claim to revert the property of the sugar mills, resolutions that allowed us to secure the sale of the sugar mills, which added up to almost US$545 million.
• Tarifa Cero Ismael represented Televisa and Telefónica in a high-profile contentious matter before the Supreme Court regarding zero termination rates (fixed and mobile). Thanks to our expert stewardship of this matter, Televisa and Telefónica secured a Supreme Court ruling that prohibits the dominant agent from collecting rates for interconnection services rendered from 2014 to 2017 from other telecom providers.

Some cases in which novel suspensions involving effects were obtained that radiated general benefits:

• Mexican potato farmers protecting local crops as part of a comprehensive strategy to defend the potato sector, Ismael obtained various suspensions (2016) against the importation of potatoes into Mexico, which, due to their general effects, set an important precedent and avoided the concretization of a government policy that could have a devastating effect on potato production in Mexico. The first instance resolutions analyzed innovative aspects such as the following: the general effects of an amparo trial against general rules; second- and third-generation fundamental rights; and the scope of the concepts of food security and food sovereignty. Thanks to this suspension, potatoes have not been imported into Mexico for five years because of the health hazards involved. Several of these amparos are currently in the Supreme Court.
• Teacher's Evaluation Ismael represented Aprender Primero in a constitutional trial against the controversial announcement by Mexico's Ministry of Education to suspend teachers' evaluations indefinitely. Due to the suspension that was obtained, it was guaranteed that the teachers' evaluations continued. Such evaluations are a key pillar of the government's education reform as well as a constitutional obligation to ensure the quality of education rendered by public schools.
• Cancelación del proyecto Corredor Chapultepec Ismael represented several groups of neighbors in Mexico City against the urban development project known as the "Corredor Cultural Chapultepec-Zona Rosa" proposed by the Mexico City Government. This project had serious problems from an urban, environmental and cultural point of view. The injunction obtained halted definitively the implementation of the project.
• Phone rates victory for Telefónica at Mexican Supreme Court In a case heard by the Mexican Supreme Court, the court ruled to void the mobile termination rates that the Ministry of Communications and Transport required Telefónica to charge. The court's ruling set a landmark precedent for the telecommunications industry in Mexico because it recognized the full independence of the Federal Telecommunications Commission from the Ministry of Communications and Transport and gave mobile carriers more legal certainty.
• Unconstitutional "Plan" Ismael represented Grupo Telefónica in litigation that obtained a favorable ruling, pursuant to which several dispositions of the Plan Técnico Fundamental de Interconexión e Interoperabilidad (the "Plan") issued by the FTC, were declared unconstitutional. Accordingly, Grupo Telefónica is the only telecommunications service provider in Mexico that is not required to comply with certain obligations set forth in the Plan. The Mexican Supreme Court issued a book entitled Relevant Decisions, which describes the aforementioned litigation as the cornerstone for setting innovative precedents and criteria regarding the authority of the FTC as regulator of the telecommunications sector.